The Local Government Act 1988 (Security Work) (Exemption) (Wales) Order 1997

Statutory Instruments

1997 No. 124

LOCAL GOVERNMENT, ENGLAND AND WALES

WALES

The Local Government Act 1988 (Security Work) (Exemption) (Wales) Order 1997

Made

28th January 1997

Laid before Parliament

31st January 1997

Coming into force

21st February 1997

The Secretary of State for Wales, in exercise of the powers conferred on him by sections 2(9) and 15(5) of the Local Government Act 1988(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and application

1.—(1) This Order may be cited as the Local Government Act 1988 (Security Work) (Exemption) (Wales) Order 1997 and shall come into force on 21st February 1997.

(2) This Order applies only in relation to the following defined authorities(2) in Wales—

(a) a local authority(3);

(b) a combined fire authority;

(c) a National Park authority(4); and

(d) a joint committee which falls to be treated as a defined authority by section 1(4) of the Act and which is appointed only by two or more defined authorities within paragraphs (a), (b) or (c) above.

Exemption in relation to a controlled place

2.—(1) Security work(5) shall not be treated as a defined activity so long as it is carried out by a defined authority through an employee—

(a) whose work may involve the exercise of a power, conferred by a relevant enactment, to take action to deal with a breach of that enactment in a controlled place, where that power cannot be exercised by anyone other than an employee of the defined authority or a constable, and

(b) at least 80 per cent. of whose working time is occupied carrying out security work at a controlled place.

(2) In this article—

(a) “controlled place” means any airport, burial ground, common, country park, educational premises, harbour, housing amenity land, market, open space, park, picnic site, pleasure ground, port, recreation ground or road playground; and

“relevant enactment” means section 40 of the Local Government (Miscellaneous Provisions) Act 1982(6), a local Act, or byelaws made under or by virtue of a power in any general or local Act.

(b) in the immediately preceding sub-paragraph (a), in the definition of “controlled place”,—

• “airport” has the same meaning as in section 82(1) of the Airports Act 1986(7);

• “burial ground” has the same meaning as in section 20 of the Open Spaces Act 1906(8);

• “common” has the same meaning as in section 15 of the Commons Act 1899(9);

• “country park” means a country park provided under section 7 of the Countryside Act 1968(10);

• “educational premises” means any premises to which section 40 of the Local Government (Miscellaneous Provisions) Act 1982 applies;

• “housing amenity land” means land in relation to which byelaws may be made, by virtue of section 23(2) of the Housing Act 1985(11);

• “open space” has the same meaning as in section 20 of the Open Spaces Act 1906;

• “picnic site” means a picnic site provided under section 10(2) of the Countryside Act 1968;

• “pleasure ground” means any land held under section 164 of the Public Health Act 1875(12); and

• “road playground” means a road in relation to which an order has been made under section 29 of the Road Traffic Regulation Act 1984(13).

Exemption in relation to a court-house

3.  Security work shall not be treated as a defined activity so long as the work is carried out by a defined authority in relation to a court-house.

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under Secretary of State Welsh Office

28th January 1997

Explanatory Note

(This note is not part of the Order)

Under Part I of the Local Government Act 1988 (Competition), work falling within certain defined activities may be carried out by defined authorities only if particular conditions are fulfilled.

Article 2 exempts from the requirements of Part I security work carried out by certain defined authorities in Wales through an employee whose work may involve the exercise of a power to take action to deal with a breach of certain enactments in a controlled place (as defined in the Order), where that power cannot be exercised by anyone other than an employee of the defined authority or a constable, and at least 80 per cent. of whose working time is occupied carrying out security work at a controlled place. The defined authorities in Wales to which the Order applies are local authorities (namely, county councils, county borough councils, and community councils), combined fire authorities, National Park authorities and joint committees of such authorities.

Article 3 exempts from the requirements of Part I security work by those defined authorities in Wales so long as it is carried out in relation to a court-house.

(1)

1988 c. 9.

(2)

For the meaning of “defined authority”, see section 1 of the 1988 Act.

(3)

For the meaning of “local authority”, see section 1(2A) of the 1988 Act which was inserted by the Local Government Reorganisation (Wales) (Consequential Amendments) Order 1995 (S.I. 1995/115).

(4)

See section 1(1)(aa) of the 1988 Act which was inserted by paragraph 8(2) of Schedule 8 to the Environment Act 1995 (c. 25).

(5)

Security work is a defined activity by virtue of the Local Government Act 1988 (Competition) (Defined Activities) Order 1994 (S.I. 1994/2884).

(6)

1982 c. 30. Section 40 was amended by section 46 of the Criminal Justice Act 1982 (c. 48) and paragraph 55 of Schedule 37 to the Education Act 1996 (c. 56).

(7)

1986 c. 31.

(8)

1906 c. 25 (6 Edw 7).

(9)

1899 c. 30 (62 & 63 Vict).

(10)

1968 c. 41.

(11)

1985 c. 68.

(12)

1875 c. 55 (38 & 39 Vict).

(13)

1984 c. 7. Section 29 was substituted by paragraph 37 of Schedule 8 to the New Roads and Street Works Act 1991 (c. 22).